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Patna High Court

Tribhuban Rai @ Tribhuvan RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners, subject to bond and surety conditions.

Summary

The petitioners, a driver and co‑driver of a truck, were charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 1,827 litres of illicit foreign liquor seized from the vehicle. They contended that they were unaware of the contraband, that nothing was recovered from their personal possession, and that the seizure was effected without compliance with Section 105 of the B.N.S.S., rendering the evidence unreliable. The State opposed the bail application, arguing the seriousness of the offence. After hearing both sides, the Court found merit in the petitioners' claim of lack of knowledge and procedural lapses by the police. Consequently, the Court ordered regular bail on the condition of a Rs.10,000 bond with two sureties each, subject to the satisfaction of the Exclusive Special Judge‑II (Excise Act) in Darbhanga.

Issues considered

  • Whether the petitioners are entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.

Legislation cited

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30
  • procedural compliance
  • police seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28203 of 2026
                        Arising Out of PS. Case No.-12 Year-2026 Thana- SIMRI District- Darbhanga
                 ======================================================
           1.     Tribhuban Rai @ Tribhuvan Rai, S/O Kapleshwar Rai, R/O Mohanpur, P.S-
                  Minapur, Distt.- Muzaffarpur.
           2.    Niranjan Prasad Rai, S/O Kapildev Singh, R/O Baraitha, P.S- Katra, Distt.-
                 Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vijay Kumar, Advocate
                 For the Opposite Party/s :        Mr.Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Section 30 (a)

                   of the Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a truck, 1827

                   liters of illicit foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have

                   committed no offence. They have been falsely implicated in this

                   case. Petitioners are the driver and co-driver of the said truck. It

                   has further been submitted that nothing has been recovered from

                   their possession. They were unaware of the consignment. It has
             Patna High Court CR. MISC. No.28203 of 2026(2) dt.04-05-2026
                                                         2/2




                       further been submitted that the seizure list witnesses are police

                       personnel. Police has not complied Section 105 of the B.N.S.S.

                       while making the seizure. They are having no criminal antecedent

                       and they are languishing in judicial custody since 01.02.2026.

                                    5. Learned APP appearing for the State has vehemently

                       opposed the application for bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this Court is

                       inclined to enlarge the petitioners on bail. The above named

                       petitioners are directed to be enlarged on bail on furnishing bail

                       bond of Rs. 10,000/- (Rs. ten thousand only) each with two

                       sureties of the like amount each to the satisfaction of the learned

                       Exclusive Special Judge-II (Excise Act), Darbhanga in connection

                       with Simri P.S. Case No. 12 of 2026.


                                                   (Ashok Kumar Pandey, J)

lata/-
U        T


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